List of United States Supreme Court cases, volume 268
# List of United States Supreme Court cases, volume 268

This is a list of cases reported in volume 268 of United States Reports, decided by the Supreme Court of the United States in 1925.

## Justices of the Supreme Court at the time of volume 268 U.S.

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices). Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).

When the cases in volume 268 were decided the Court comprised the following nine members:

| Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) | Tenure on Supreme Court |
| - | - | - | - | - | - |
| William Howard Taft | Chief Justice | Connecticut | Edward Douglass White | June 30, 1921 (Acclamation) | July 11, 1921 – February 3, 1930 (Retired) |
| Oliver Wendell Holmes Jr. | Associate Justice | Massachusetts | Horace Gray | December 4, 1902 (Acclamation) | December 8, 1902 – January 12, 1932 (Retired) |
| Willis Van Devanter | Associate Justice | Wyoming | Edward Douglass White (as Associate Justice) | December 15, 1910 (Acclamation) | January 3, 1911 – June 2, 1937 (Retired) |
| James Clark McReynolds | Associate Justice | Tennessee | Horace Harmon Lurton | August 29, 1914 (44–6) | October 12, 1914 – January 31, 1941 (Retired) |
| Louis Brandeis | Associate Justice | Massachusetts | Joseph Rucker Lamar | June 1, 1916 (47–22) | June 5, 1916 – February 13, 1939 (Retired) |
| George Sutherland | Associate Justice | Utah | John Hessin Clarke | September 5, 1922 (Acclamation) | October 2, 1922 – January 17, 1938 (Retired) |
| Pierce Butler | Associate Justice | Minnesota | William R. Day | December 21, 1922 (61–8) | January 2, 1923 – November 16, 1939 (Died) |
| Edward Terry Sanford | Associate Justice | Tennessee | Mahlon Pitney | January 29, 1923 (Acclamation) | February 19, 1923 – March 8, 1930 (Died) |
| Harlan F. Stone | Associate Justice | New York | Joseph McKenna | February 5, 1925 (71–6) | March 2, 1925 – July 2, 1941 (Continued as chief justice) |

## Notable Cases in 268 U.S.

### Linder v. United States

Linder v. United States, 268 U.S. 5 (1925), involved the applicability of the Harrison Act. The Harrison Act was originally a taxing measure on drugs such as morphine and cocaine, but later effectively became a prohibition on such drugs. The Act, however, had a provision exempting doctors who prescribed the drugs. Dr. Charles Linder prescribed the drugs to addicts in Oklahoma, which the federal government said was not a legitimate medical practice. He was prosecuted and convicted. Linder appealed, and the Supreme Court overturned his conviction, holding that the federal government in this case had overstepped its power to regulate medicine.

### Pierce v. Society of Sisters

In Pierce v. Society of Sisters, 268 U.S. 510 (1925), the Supreme Court overturned an Oregon statute requiring children to attend only public schools. The decision significantly expanded coverage of the Due Process Clause of the Fourteenth Amendment to the United States Constitution to recognize personal civil liberties. The decision has been cited as a precedent in numerous later cases. The right of parents to control their children's education without state interference became a "cause célèbre" following the case, and religious groups still defend this right from state encroachment.

### Gitlow v. New York

Gitlow v. New York, 268 U.S. 652 (1925), is a landmark decision, in which the Supreme Court held that the Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states. Along with Chicago, Burlington & Quincy Railroad Co. v. City of Chicago (1897), it was one of the first major cases involving the incorporation of the Bill of Rights. It was also one of a series of Supreme Court cases that defined the scope of the First Amendment's protection of free speech, and established the standard to which a state or the federal government would be held when it criminalized speech or writing.

## Citation style

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.

The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari. On January 1, 1912, the effective date of the Judicial Code of 1911, the old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.

Bluebook citation style is used for case names, citations, and jurisdictions.

* "# Cir." = United States Court of Appeals
   * e.g., "3d Cir." = United States Court of Appeals for the Third Circuit
* "D." = United States District Court for the District of . . .
   * e.g.,"D. Mass." = United States District Court for the District of Massachusetts
* "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western
   * e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama
* "Ct. Cl." = United States Court of Claims
* The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time.
   * e.g.,"Pa." = Supreme Court of Pennsylvania
   * e.g.,"Me." = Supreme Judicial Court of Maine

## List of cases in volume 268 U.S.

| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
| - | - | - | - | - | - | - |
| Oliver v. United States | 1 (1925) | McReynolds | none | none | 9th Cir. | affirmed |
| Linder v. United States | 5 (1925) | McReynolds | none | none | 9th Cir. | reversed |
| Alaska Steamship Company v. McHugh | 23 (1925) | McReynolds | none | none | 9th Cir. | certification |
| New York Central Railroad Company v. Chisholm | 29 (1925) | McReynolds | none | none | 1st Cir. | certification |
| Doullut and Williams Company, Inc. v. United States | 33 (1925) | McReynolds | none | none | E.D. La. | reversed |
| Baltimore and Ohio Railroad Company v. City of Parkersburg | 35 (1925) | Brandeis | none | none | 4th Cir. | reversed |
| Northern Pacific Railroad Company v. Washington Department of Public Works | 39 (1925) | Brandeis | none | none | Wash. | reversed |
| Mid-Northern Oil Company v. Walker | 45 (1925) | Sutherland | none | none | Mont. | affirmed |
| Nampa and Meridian Irrigation District v. Bond | 50 (1925) | Sutherland | none | none | 9th Cir. | affirmed |
| Duffy v. Central Railroad Company of New Jersey | 55 (1925) | Sutherland | none | none | 3d Cir. | reversed |
| Industrial Association of San Francisco v. United States | 64 (1925) | Sutherland | none | none | N.D. Cal. | reversed |
| Barrett v. Van Pelt | 85 (1925) | Butler | none | none | N.Y. Sup. Ct. | reversed |
| Central Union Trust Company v. Anderson County | 93 (1925) | Butler | none | none] | S.D. Tex. | reversed |
| United States v. Flannery | 98 (1925) | Sanford | none | none | Ct. Cl. | reversed |
| McCaughn v. Ludington | 106 (1925) | Sanford | none | none | 3d Cir. | reversed |
| New Mexico v. Colorado | 108 (1925) | per curiam | none | none | original | boundary set |
| May v. Henderson | 111 (1925) | Stone | none | none | 9th Cir. | reversed |
| United States v. Dunn | 121 (1925) | Stone | none | none | 8th Cir. | multiple |
| Stebbins v. Riley | 137 (1925) | Stone | none | none | Cal. | affirmed |
| Standard Oil Company of New Jersey v. Southern Pacific Company | 146 (1925) | Butler | none | none | 2d Cir. | affirmed |
| Irwin v. Gavit | 161 (1925) | Holmes | none | Sutherland | 2d Cir. | reversed |
| St. Louis, Brownsville and Mexico Railway Company v. United States | 169 (1925) | Brandeis | none | none | Ct. Cl. | multiple |
| Yee Hem v. United States | 178 (1925) | Sutherland | none | none | N.D. Ohio | affirmed |
| Reading Steel Casting Company v. United States | 186 (1925) | Butler | none | none | E.D. Pa. | reversed |
| Shafer v. Farmers Grain Company | 189 (1925) | VanDevanter | none | none | D.N.D. | affirmed |
| Alpha Portland Cement Company v. Massachusetts | 203 (1925) | McReynolds | none | none | Mass. | reversed |
| United States v. Johnston | 220 (1925) | Holmes | none | none | 2d Cir. | reversed |
| Colorado v. Toll | 228 (1925) | Holmes | none | none | D. Colo. | reversed |
| Southern Utilities Company v. City of Palatka | 232 (1925) | Holmes | none | none | Fla. | affirmed |
| United States Fidelity and Guaranty Company v. Wooldridge | 234 (1925) | Holmes | none | none | 5th Cir. | affirmed |
| Lewellyn v. Frick | 238 (1925) | Holmes | none | none | W.D. Pa. | affirmed |
| Oklahoma v. Texas | 252 (1925) | VanDevanter | none | none | original | multiple |
| Cockrill v. California | 258 (1925) | Butler | none | none | Cal. Ct. App. | affirmed |
| Southern Pacific Company v. United States | 263 (1925) | Sanford | none | none | Ct. Cl. | reversed |
| Western Pacific Railroad Company v. United States | 271 (1925) | Sanford | none | none | Ct. Cl. | reversed |
| North Laramie Land Company v. Hoffman | 276 (1925) | Stone | none | none | Wyo. | affirmed |
| North Carolina Railroad Company v. Story | 288 (1925) | Taft | none | none | N.C. | reversed |
| Coronado Coal Company v. United Mine Workers of America | 295 (1925) | Taft | none | none | 8th Cir. | multiple |
| Fernandez v. Phillips | 311 (1925) | Holmes | none | none | D.N.H. | affirmed |
| Davis v. Pringle | 315 (1925) | Holmes | none | none | multiple | multiple |
| Weller v. New York | 319 (1925) | McReynolds | none | none | N.Y. Ct. Spec. Sess. | affirmed |
| Real Silk Hosiery Mills v. City of Portland | 325 (1925) | McReynolds | none | none | 9th Cir. | reversed |
| Cheung Sum Shee v. Nagle | 336 (1925) | McReynolds | none | none | 9th Cir. | certification |
| Chang Chan v. Nagle | 346 (1925) | McReynolds | none | none | 9th Cir. | certification |
| Benedict v. Ratner | 353 (1925) | Brandeis | none | none | 2d Cir. | reversed |
| Missouri Pacific Railroad Company v. Reynolds-Davis Grocery Company | 366 (1925) | Brandeis | none | none | Ark. | affirmed |
| Sherwin v. United States | 369 (1925) | Brandeis | none | none | 5th Cir. | affirmed |
| Ray Consolidated Copper Company v. United States | 373 (1925) | Brandeis | none | none | Ct. Cl. | affirmed |
| United States v. Dickey | 378 (1925) | Sutherland | none | none | W.D. Mo. | affirmed |
| United States v. Baltimore Post | 388 (1925) | Sutherland | none | none | D. Md. | affirmed |
| United States ex rel. Rutz v. Levy | 390 (1925) | Sutherland | none | none | N.D. Ohio | affirmed |
| United States v. Royer | 394 (1925) | Sutherland | none | none | Ct. Cl. | affirmed |
| Realty Holding Company v. Donaldson | 398 (1925) | Sutherland | none | none | E.D. Mich. | affirmed |
| Toyota v. United States | 402 (1925) | Butler | none | none | 1st Cir. | certification |
| Banton v. Belt Line Railway Corporation | 413 (1925) | Butler | none | none | S.D.N.Y. | affirmed |
| Meek v. Centre County Banking Company | 426 (1925) | Sanford | none | none | 3d Cir. | reversed |
| Dumbra v. United States | 435 (1925) | Stone | none | none | S.D.N.Y. | affirmed |
| Knewel v. Egan | 442 (1925) | Stone | none | none | D.S.D. | reversed |
| Sowell v. Federal Reserve Bank of Dallas | 449 (1925) | Stone | none | none | 5th Cir. | affirmed |
| Edward Hines Yellow Pine Trustees v. Martin | 458 (1925) | Stone | none | none | 5th Cir. | affirmed |
| Selzman v. United States | 466 (1925) | Taft | none | none | N.D. Ohio | affirmed |
| Cami v. Central Victoria, Ltd. | 469 (1925) | Holmes | none | none | 1st Cir. | affirmed |
| Frick v. Pennsylvania | 473 (1925) | VanDevanter | none | none | Pa. | reversed |
| Miles v. Graham | 501 (1925) | McReynolds | none | none | D. Md. | affirmed |
| Pierce v. Society of Sisters | 510 (1925) | McReynolds | none | none | D. Or. | affirmed |
| Marr v. United States | 536 (1925) | Brandeis | none | VanDevanter | Ct. Cl. | affirmed |
| United States v. Gulf Refining Company | 542 (1925) | Butler | none | none | 8th Cir. | affirmed |
| Second Russian Insurance Company v. Miller | 552 (1925) | Stone | none | none | 2d Cir. | affirmed |
| Maple Flooring Manufacturers' Association v. United States | 563 (1925) | Stone | none | Taft; McReynolds | W.D. Mich. | reversed |
| Cement Manufacturers' Protective Association v. United States | 588 (1925) | Stone | none | none | S.D.N.Y. | reversed |
| United States v. Fish | 607 (1925) | Taft | none | none | Ct. Cust. App. | affirmed |
| United States v. Noce | 613 (1925) | Taft | none | none | Ct. Cl. | reversed |
| Robertson v. Railroad Labor Board | 619 (1925) | Brandeis | none | none | N.D. Ill. | reversed |
| Edwards v. Cuba Railroad Company | 628 (1925) | Butler | none | none | S.D.N.Y. | affirmed |
| William Danzer and Company, Inc. v. Gulf and Ship Island Railroad Company | 633 (1925) | Butler | none | none | S.D. Miss. | affirmed |
| Davis v. L.L. Cohen and Company, Inc. | 638 (1925) | Sanford | none | none | Bristol Cnty. Super. Ct. | reversed |
| Lee v. Osceola and Little River Road Improvement District | 643 (1925) | Sanford | none | none | Ark. | reversed |
| New York ex rel. Rosevale Realty Company v. Kleinert | 646 (1925) | Sanford | none | none | N.Y. Sup. Ct. | dismissed |
| Gitlow v. New York | 652 (1925) | Sanford | none | Holmes | N.Y. Sup. Ct. | affirmed |
